Legal Question in Intellectual Property in California
Copyright Infring.? Users post pictures on website...
If I have a website that displays pictures that users upload and post, and I do not monitor these pictures, if one of the pictures breaks copyright infringement am I liable? Should I post an agreement telling people not to do so? If someone were to sue me because of a picture, would I in turn have to sue the poster?
Another alternative would be to have people provide links to pictures on other websites. If I then display the linked image on my website, and give a clear hyperlink as to where it's located on the web, is this legal? Again, would I have to post anything in a specific agreement?
I figure there are hundreds of forums that allow users to put images (from other sites) in their posts, and image searches such as Google Images display millions of images located on other websites...so it seems to be legal?
One other thing...Is anything absolutely off limits to be posted on the internet, such as a dead person or rape or whatever?
2 Answers from Attorneys
Re: Copyright Infring.? Users post pictures on website...
Yes, you should have your webstie reviewed and incorporate a "terms of use" and "limitation of liability" agreements, as well as anything else necessary. I've done this for a number of websites including, recently, mozartforum.com. Give me a call, my rates are reasonable for this type of work.
Re: Copyright Infring.? Users post pictures on website...
Your question really asks whether if you would be liable for copyright infringement, either directly or contributorily. Technically, you could be liable, even if you are passive operator with others violating copyrights. However, there typically needs to be some sort of affirmative step by the operator to further the infringement. So having terms of use and like is definitely a step in the right direction, but you cannot claim ignorance to certain activities of the forum members.
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